Texas Attorney General Opinion: JM-525 Page: 1 of 6
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The Attorney General of Texas
JIM MATTOX
Attorney General
Supreme Court Building
P. O. Box 12548
Austin, TX. 78711- 2548
512/475-2501
Telex 910/874-1367
Telecopier 512/475-0266
714 Jackson, Suite 700
Dallas, TX. 75202-4506
214/742-8944July 17, 1986
Mr. L. L. Bowman, EII
Commissioner
Texas Savings & Loan Department
2601 North Lamar, 3uite 201
Austin, Texas 78/705Opinion No. JM-525
Re: Whether a person appointed as
conservator, supervisor, or liqui-
dating agent under article 852a,
V.T.C.S., is a state employee for
purposes of chapter 104, of the
Civil Practices and Remedies CodeDear Mr. Bowman:
4824 Alberta Ave., Suite 160
El Paso, TX. 79905-2793
9151533-3484
P001 Texas, Suite 700
uston, TX. 77002.3111
-3/223-5886
806 Broadway, Suite 312
Lubbock, TX. 79401-3479
806/747-5238
4309 N. Tenth, Suite B
McAllen, TX. 78501-1685
512/682-4547
200 Main Plaza, Suite 400
San Antonio, TX. 78205-2797
5121225-4191
An Equal Opportunity/
Affirmative Action EmployerYou ask about the employment status of conservators, supervisors,
and liquidating agents appointed by the Texas Savings and Loan Commis-
sioner under sec:ons 8.05, 8.08, 8.09, and 8.11 of article 852a,
V.T.C.S. In particular you ask whether such persons are employees of
the state for purposes of sections 104.001 and 104.008 of the Civil
Practice and Remedies Code.
Chapter 8 of the Savings and Loan Act, article 852a, V.T.C.S.,
provides for the regulation of savings and loan associations by the
Texas Savings and Loan Department and the Savings and Loan Commis-
sioner. The commissioner has authority, under specified circum-
stances, to appoint conservators, supervisors, and liquidating agents
to oversee the affairs of particular savings and loan associations.
If the savings and loan commissioner has reasonable cause to
believe that there are grounds for intervention in the affairs of a
savings and loan association, he may enter an order placing the
affairs of that savings and loan association under the control of a
conservator. V.T.C.S. art. 852a, 8.05(a)(4). The powers and duties
of a conservator are set out in section 8.08 of article 852a:
(c) The conservator and any deputy or assistant
conservator appointed by the commissioner, on behalf
of and under the supervision and direction of the
commissioner, shall take charge of the books,
records, property, assets, liabilities, and business
of the association and shall conduct the business
and affa:.rs of the association. The conservator
shall undertake the removal of the causes and
conditions that necessitated the conservatorship.
During the conservatorship, the conservator shallp. 2410
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-525, text, July 17, 1986; (https://texashistory.unt.edu/ark:/67531/metapth272965/m1/1/?q=Lamar+University: accessed June 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.